Color Code: Case: Black; Ruling: Green or Red; Name of Tanna: Gold; Reason: Blue; Condition: Purple; Proof: Grey ; Rule: Fuscia
Chapter 7
The seventh chapter of Meseches Chullin discusses the prohobition against eating the Gid Hanasheh. Following their epic battle, Esau's archangel harms Ya'akov by injuring his hip causing him to limp. As a result, the Torah prohibits Bnei Yisroel from eating the Gid Hanasheh:
עַל־כֵּ֡ן לֹֽא־יֹאכְל֨וּ בְנֵֽי־יִשְׂרָאֵ֜ל אֶת־גִּ֣יד הַנָּשֶׁ֗ה אֲשֶׁר֙ עַל־כַּ֣ף הַיָּרֵ֔ךְ עַ֖ד הַיּ֣וֹם הַזֶּ֑ה כִּ֤י נָגַע֙ בְּכַף־יֶ֣רֶךְ יַעֲקֹ֔ב בְּגִ֖יד הַנָּשֶֽׁה׃
Our Perek will describe extent of the prohibition and many practical realities of the marketplace and interpersonal relationships arising from this prohibition.
Mishnah 7:1
Like the prior Perek and the ones that follow, our Mishah begins by setting out the geographical scope, time frame, consecration status and types of animals subject to the Issur of Gid Hanasheh. The Mishnah concludes with a dispute whether a butcher may be trusted and attest to the fact that he fully removed the Gid Hanasheh.
One linguistic raised in our Mishnah is how to interpret the words וְחֶלְבּוֹ מֻתָּר. Is this a standalone reference to the fats surrounding the Gid Hanasheh, i.e., that such fats are technically permitted, even if subsequent common practice has been to forbid these fats. Alternatively, these words are connected to Rabi Yehudah's prior ruling such that not only is the Ben Pakuah's Gid Hanasheh permitted but so would the forbidden fats.
גִּיד הַנָּשֶׁה
נוֹהֵג בָּאָרֶץ וּבְחוּצָה לָאָרֶץ,
בִּפְנֵי הַבַּיִת וְשֶׁלֹּא בִפְנֵי הַבַּיִת,
בְּחֻלִּין וּבְמֻקְדָּשִׁים.
וְנוֹהֵג בִּבְהֵמָה וּבְחַיָּה,
בְּיָרֵךְ שֶׁל יָמִין וּבְיָרֵךְ שֶׁל שְׂמֹאל.
וְאֵינוֹ נוֹהֵג בְּעוֹף, מִפְּנֵי שֶׁאֵין לוֹ כָף.
וְנוֹהֵג בְּשָׁלִיל. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ נוֹהֵג בְּשָׁלִיל.
וְחֶלְבּוֹ מֻתָּר.
וְאֵין הַטַּבָּחִין נֶאֱמָנִין עַל גִּיד הַנָּשֶׁה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, נֶאֱמָנִין עָלָיו וְעַל הַחֵלֶב:
(1) [The prohibition of] the sciatic nerve is in force both within the land and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated [animals]. It applies to cattle and to wild animals, to the right and left hip. But it does not apply to a bird because it does not have a socket [on its hip]. It applies to a fetus. Rabbi Judah says: it does not apply to a fetus. And its [forbidden] fat is permitted. Butchers are not trustworthy with regard to the [removal of the] sciatic nerve, the words of Rabbi Meir. The sages say: they are trustworthy with regard to it as well as with regard to the [forbidden] fat.
Mishnah 7:2
Our Mishnah describes two distinct , but practical, real world concerns relating to the Gid Hanasheh. First, because if would be obvious to the eye if the Gid Hanasheh was removed from the leg, we need not be concerned that when sending a full leg of meat to a non-Jew containing the Gid Hanasheh that a Jew who subsequently purchases the leg will mistakenly consume the Gid Hanasheh.
Second, when removing the Gid Hanasheh, how much do you need to remove. All of the winding sinews or simply the part around the socket? That is amtter of dispute in our Mishnah.
שׁוֹלֵחַ אָדָם יָרֵךְ לְנָכְרִי שֶׁגִּיד הַנָּשֶׁה בְתוֹכָהּ, מִפְּנֵי שֶׁמְּקוֹמוֹ נִכָּר.
הַנּוֹטֵל גִּיד הַנָּשֶׁה, צָרִיךְ שֶׁיִּטֹּל אֶת כֻּלּוֹ.
רַבִּי יְהוּדָה אוֹמֵר, כְּדֵי לְקַיֵּם בּוֹ מִצְוַת נְטִילָה:
(2) One may send to a non-Jew a thigh in which the sciatic nerve has not been removed, because its place is known. When a person removes the sciatic nerve he must remove all of it. Rabbi Judah says: only so much as is necessary to fulfill the mitzvah of removing it.
Mishnah 7:3
Our Mishnah describes both the measurements needed to violate the prohibition of eating the Gid Hanasheh and the punishment thereof. In this context, the Mishnah raises a dispute whether the prohibition actually applies to both of the animal's rear legs or just the right one.
הָאוֹכֵל מִגִּיד הַנָּשֶׁה כַזַּיִת, סוֹפֵג אַרְבָּעִים.
אֲכָלוֹ וְאֵין בּוֹ כַזַּיִת, חַיָּב.
אָכַל מִזֶּה כַזַּיִת וּמִזֶּה כַזַּיִת, סוֹפֵג שְׁמוֹנִים. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ סוֹפֵג אֶלָּא אַרְבָּעִים:
(3) If a person ate an olive’s bulk of the sciatic nerve, he incurs forty stripes. If he ate all of it and it was not as much as an olive's bulk, he is liable. If he ate an olive’s bulk of it from one thigh and another olive’s bulk of it from the other thigh, he incurs eighty stripes. Rabbi Judah says: he incurs only forty stripes.
Mishnah 7:4
Our Mishnah answers the following questions. What happens if you mistakenly cook the leg of an animal while the Gid Hanasheh remains inside? How do you determine whether the mixture is now prohibited?
יָרֵךְ שֶׁנִּתְבַּשֵּׁל בָּהּ גִּיד הַנָּשֶׁה, אִם יֶשׁ בָּהּ בְּנוֹתֵן טַעַם, הֲרֵי זוֹ אֲסוּרָה.
כֵּיצַד מְשַׁעֲרִין אוֹתָהּ. כְּבָשָׂר בְּלָפֶת:
(4) If a thigh was cooked together with the sciatic nerve and there was enough [of the nerve] as to impart a flavor [to the thigh], it is forbidden. How does one measure this? As if it were meat [cooked] with turnips.
Introduction to 7:5
Our Mishnah further describes situations where the Gid Hanasheh was mixed with other Gidin and the status of the broth. Similarly, the Mishnah extends its discussion to other situations of non-kosher meat and the status of various mixtures.
Like previous Mishnayos, the premise of our Mishnah is that the Gid Hanasheh imparts flavor to other foodstuffs, and, therefore, is subject to the rules of Nosein Ta'am. However, according to most Meforshim, the final rule is that the Gid Hanasheh does not impart any taste whatsoever, rather, the fats surrounding the Gid impart flavor and must be dealt with accordingly.
גִּיד הַנָּשֶׁה שֶׁנִּתְבַּשֵּׁל עִם הַגִּידִים,
בִּזְמַן שֶׁמַּכִּירוֹ, בְּנוֹתֵן טַעַם,
וְאִם לָאו, כֻּלָּן אֲסוּרִין.
וְהָרֹטֶב, בְּנוֹתֵן טָעַם.
וְכֵן חֲתִיכָה שֶׁל נְבֵלָה, וְכֵן חֲתִיכָה שֶׁל דָּג טָמֵא, שֶׁנִּתְבַּשְּׁלוּ עִם הַחֲתִיכוֹת,
בִּזְמַן שֶׁמַּכִּירָן, בְּנוֹתֵן טַעַם.
וְאִם לָאו, כֻּלָּן אֲסוּרוֹת.
וְהָרֹטֶב, בְּנוֹתֵן טָעַם:
(5) A sciatic nerve which was cooked with other [permitted] nerves: If it can still be recognized, [then all the nerves are prohibited] if [the sciatic nerve] imparts a flavor. But if it can no longer [be recognized] then they are all forbidden. And the broth [is prohibited] if it [the sciatic nerve] imparts a flavor. And so it is with a piece of nevelah, or a piece of an unclean fish that was cooked together with other pieces of flesh [or fish]: If it can still be recognized, [then all are prohibited] if it imparts a flavor. But if it can no longer [be recognized] then they are all forbidden. And the broth [is prohibited] if it [the sciatic nerve] imparts a flavor.
Introduction to 7:6
The final Mishnah of the Chapter revisits both the nature and origin of the prohibition of Gid Hanasheh. Per the Biblical account, the prohibition arises as a direct result of Jacob's confrontation with Esav's arch-angel as he returns to the land of Canaan. During the course of their tussle, the angel smites Jacob, injuring his thigh, causing Jacob to limp. To recall this incident, the Torah prohibits the consumption of the Gid Hanasheh.
With the incident predating the giving of the Torah, the question raised by our Mishnah is whether the prohibition attached at that moment, thereby encompassing any and all animals that were permitted to be consumed at that time. This would include all animals, including those designated non-Kosher after the Jews received the Torah. Alternatively, according to the Chachomim in our Mishnah, despite the placement of the story in context, the prohibition was really transmitted post-Sinai, and, therefore, only encompasses those animals that were otherwise permitted for the Jews to eat. According to the Rambam, while our prohibition arises from Sinai, nevertheless, Ya'akov had previously prohibited the Gid Hanasheh to his family.
נוֹהֵג בִּטְהוֹרָה, וְאֵינוֹ נוֹהֵג בִּטְמֵאָה.
רַבִּי יְהוּדָה אוֹמֵר, אַף בִּטְמֵאָה.
אָמַר רַבִּי יְהוּדָה, וַהֲלֹא מִבְּנֵי יַעֲקֹב נֶאֱסַר גִּיד הַנָּשֶׁה, וַעֲדַיִן בְּהֵמָה טְמֵאָה מֻתֶּרֶת לָהֶן.
אָמְרוּ לוֹ, בְּסִינַי נֶאֱמַר, אֶלָּא שֶׁנִּכְתַּב בִּמְקוֹמוֹ:
(6) It applies to clean animals but not to unclean. Rabbi Judah says, even to unclean animals. Rabbi Judah said: was not the sciatic nerve prohibited from the time of the sons of Jacob, and at that time unclean animals were still permitted to them? They replied, this law was ordained at Sinai but was written in its proper place.